Dukes et al v. Wal-Mart Stores, Inc.
Filing
760
ORDER by Judge Charles R. Breyer granting in part # 740 Motion to Extend Tolling. (crblc2, COURT STAFF) (Filed on 8/19/2011)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
United States District Court
For the Northern District of California
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BETTY DUKES, et al.,
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Plaintiffs,
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No. C 01-02252 CRB
ORDER GRANTING IN PART
PLAINTIFFS’ MOTION TO EXTEND
TOLLING OF THE STATUTE OF
LIMITATIONS
v.
WAL-MART STORES, INC.,
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Defendant.
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The Court hereby orders that Plaintiffs’ Motion to Extend Tolling of the Statute of
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Limitations is GRANTED in part. Specifically, the Court will extend the tolling period
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awarded to former class members under American Pipe and Construction Co. v. Utah, 414
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U.S. 538, 554 (1974) for a limited time, and below the Court sets forth the dates by which
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former class members must take action. The Court is granting this limited period of
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additional tolling in the interest of justice and to avoid any confusion that might exist among
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former class members regarding when the time limit for them to take action expires.
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All former class members who have an EEOC notice to sue shall have until October
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28, 2011 to file suit. All former class members who have never filed an EEOC charge shall
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have until January 27, 2012 to file charges with the EEOC in those states with 180 day limits
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and until May 25, 2012 to file charges with the EEOC in those states with 300 day limits.
IT IS SO ORDERED.
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CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE
Dated: July 25, 2011
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United States District Court
For the Northern District of California
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G:\CRBALL\2001\2252\Order re tolling.wpd
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